If you are injured and out of work in the state of Georgia, there is a 400-week cap during which time you may receive benefits. During that period, the company for whom you work will pay your income and your medical bills related to your injury. The 400-week cap currently applies to both income and medical benefits.
This cap is for injuries considered non-catastrophic. If your case is deemed catastrophic, there is a test that is very similar to the one applying to Social Security benefits. The difference is that under Social Security, they will look at all medical factors such as blood pressure and high cholesterol, and other such medical issues.
With workers’ compensation, only the work injury and whether or not that injury makes you unsuitable for employment in the national economy will be considered.
Catastrophic injuries vary depending on age, education and other factors. What is considered catastrophic for one person may not be so for another. There are many factors that will be included in your evaluation for benefits.
If you suffer from a catastrophic injury, you may receive benefits for the rest of your working life. For instance, your benefits could stop at age 70 with the argument that you would have retired by then. However, if you don’t tell them that you’re retiring, there is really no way to prove it.
Once you reach age 70, the burden falls on you to prove that you would still be working if you had not been injured on the job. So if it is a catastrophic injury, benefits may very well be paid until you are able to get back to work and are able to be released to find a job.
If you have questions about workers’ compensation benefits, please contact our office to schedule a consultation with one of our attorneys.